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Originally Posted by goofyballer
I think you're missing the forest for the trees here. The details aren't particularly important; the problem is not about who actually owns the land, it's that it's not clear at all who has authority to pass judgement on the ownership of that land to begin with, when we're both working under completely separate, independent systems that each think a different person "owns" the land. Who gave your court that right? Or my court? Us, when we said to our individual courts "hey I own this land and I declare you the arbiter of disagreements about it"? That seems silly.
States do not have that problem (except in disputed border areas where it's basically might makes right I guess), because the state is the sole arbiter of such disagreements.
The parties in dispute agree on a court to make the ruling and agree to abide by it. If you can't agree on a court I don't see why representatives from each court can't work together and figure something out.
What seems silly to me is leaving my fate up to a jury, all of whom could be completely ignorant of the subject matter being disputed.
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Originally Posted by d2_e4
Ok, one of us is scamming the other. You claim I'm scamming, and I claim you're scamming. You claim my paperwork is forged and I claim your paperwork is forged. Previous owner is dead. Now what? A duel?
In case you think this is purely academic, a quick Google search tells me that there are about 40 million court cases filed per year in the US. In each one of those cases, the plaintiff says one thing, and the defendant says a different thing. So, who decides who is right in your hypothetical society?
I should point out that private arbitration is already a thing. Anyway, so people solve these disputes, people. There will still be people in an AnCap society. We don't need the State to solve all our problems, they can't even solve the problems they create. The parties involved select an arbitrator, you both agree to the ruling. Or maybe the court or arbitrator is bundled up with the security firm you use. Different security firms would be incentivized to work together and solve things peacefully.
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Originally Posted by DodgerIrish
And who (or what) backs up the ruling?
Even if we agree to binding arbitration, what if afterwards I say, "Nah"?
My security firm would be knocking on your door to collect. And your security firm would do nothing, because you agreed to the ruling and they're aren't going to war for you, because violence is costly and they would lose credibility as a rights enforcement agency.
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Originally Posted by O.A.F.K.1.1
The ideological legitimacy of overwhelming force is not a magical power.
You remove that and all you have is disparate groups competing to win the might makes right race.
I was talking about the ability to solve a dispute, not enforce some judgment.
Quote:
Originally Posted by O.A.F.K.1.1
Also lets be clear, all property you own is because might has made that ownership right.
Our entire social and economic system is a manifestation of the collectively agreed upon rule set of how might makes right.
Take away the State and replace it with "free" individuals all with competing systems of "legitimacy" with no group having an over arching monopoly on final decisions and you will live in a world of perpetual violence.
So people can't be free because they are too violent. And the solution to this is to take a subset of these violent people and put them in charge of the rest of us? Well you've now created a system that is a magnet for power hungry people, and since people are violent, it's a magnetic for violent power hungry people. And the result? Hey who would of guessed it, we are always at war.
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Originally Posted by RFlushDiamonds
True. There would be not state to shield the investors but there would also be no state to force them to compensate the victims.
There would still be agencies to enforce rights.
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I'm not clear how a private court system is fairer than a public one and I don't see how you eliminate corruption. In fact, I suspect there would be more as there would be no law against bribing judges. (sort of how Citizens United opened up the lobbying industry to corrupt legislators openly)
No one is claiming to eliminate corruption, or that this is a perfect system. Well if judges in a free market court system were caught being bribed, that would hurt their business and invite competition, because people would have more choice on who to arbitrate their claims.
I'm sure the possibility of a judge being bribed would be taken care of in the court contract, and if one party violated it they would automatically lose or something.
[/QUOTE]
In short, how are you solving the problems the public sector has by privatizing it. You still have the same actors with the same motivations.[/QUOTE]
Thats the thing, you won't have the same actors with the same motivation. That's actually the entire problem, the incentives are not aligned with the peoples. Gov't programs can't adapt as well to the people like a private company can. When private companies do a bad job they can go out of business, when a a gov't program sucks it will stick around forever and get budget increases.
Quote:
Originally Posted by MrWookie